B2 to H1-B for spouse of a Permanent Resident - Scenario

[gregspirited]

Hi,

I have a very interesting situation. I'm a permanent resident and my spouse is on B2. She was in H4, J1 visa in the last 10 years. I couldn't include her in LPR application due to J1 status. Hence she is with me on B2 visa (multiple entry) currently.

She has an offer for a job who is ready to sponsor H1-B (cap -exempt). I know she can accept the offer due to change of status from B2 to H1-B (a fresh application) option. But the question is when can she actually start working. 

Can she start to work once the H1-B application is filed (or) should she wait until the application is approved?  Also what is the scenario if the B2 visa Duration of stay (D/S) is completed before the H1-B application approval comes through?

Any help is greatly appreciated. Thank you !

[rohang]

if its a fresh H1, even after after approval, she has to wait till Oct1 to start working.

So she can;t work after approval, if approval came before Oct 1st. Also, chances are, her COS will not be approved, so she will have to go back to home country and get stamping done, before she can come back on H1b.

[JoeF]

She can start working from the approval date or start date of the H1, whichever is later. For a cap-exempt H1, e.g., for a university, if it is filed correctly, she can start when it is approved.